❓ MP questions the government's commitment to assisting the Pony Club Association of WA with public liability insurance, highlighting the risk of closure and criticising the government's response as inadequate.
AnsweredQoN 1444Legislative Council
QuestionView source ↗
PUBLIC LIABILITY INSURANCE, PONY CLUB ASSOCIATION OF WESTERN AUSTRALIA
I wish to draw the minister’s attention to the plight of the Pony Club Association of Western Australia. The club has more than 2 500 children participating in its activities around the State and it will be forced to cease operations in July as it cannot obtain insurance. It is three months since the Premier issued a press release announcing a five-point plan on public liability insurance. The press release included advice for riding clubs to ensure that riders wear appropriate footwear. It should refer to their heads, not their feet! One month after the Premier’s statement, the Minister for Government Enterprises released a press statement suggesting the Government had a case to present to the national summit established to address the public liability problem. Will the Government offer any real assistance to the Pony Club Association of Western Australia and many other similar groups across the State, or was the Premier’s action plan rhetoric as empty as the minister’s action plan? Point of Order Hon KIM CHANCE: The question contains argument. The PRESIDENT: The last part of the question is out of order but there is a question. I call on the minister to answer the non-argumentative part. Questions without Notice Resumed Hon N.D. GRIFFITHS
I wish to draw the minister’s attention to the plight of the Pony Club Association of Western Australia. The club has more than 2 500 children participating in its activities around the State and it will be forced to cease operations in July as it cannot obtain insurance. It is three months since the Premier issued a press release announcing a five-point plan on public liability insurance. The press release included advice for riding clubs to ensure that riders wear appropriate footwear. It should refer to their heads, not their feet! One month after the Premier’s statement, the Minister for Government Enterprises released a press statement suggesting the Government had a case to present to the national summit established to address the public liability problem. Will the Government offer any real assistance to the Pony Club Association of Western Australia and many other similar groups across the State, or was the Premier’s action plan rhetoric as empty as the minister’s action plan? Point of Order Hon KIM CHANCE: The question contains argument. The PRESIDENT: The last part of the question is out of order but there is a question. I call on the minister to answer the non-argumentative part. Questions without Notice Resumed Hon N.D. GRIFFITHS
AnswerView source ↗
I thank the member for some notice of this question. The question of which I was given notice is different from the question asked by the member in a number of ways. Notwithstanding that, the answer can still be given because it will deal with the substance of what the member has sought to bring to the attention of the House, as distinct from her rhetorical comments. All States and the Commonwealth are addressing the problem of public liability insurance. The Western Australian Government has contributed to discussions and working parties at the national level. The Government has examined a number of measures with the objective of alleviating the problems that various Western Australian community and sporting groups and small businesses are experiencing with the availability and cost of public liability insurance. The measures considered include legislative intervention, risk management education programs and insurance and self-insurance pools. Unfortunately, there are no simple solutions. Tort reform is raised by some as a potential solution. Comment on that lies with the Attorney General. Activities such as pony clubs have a significant exposure to the possibility of injury. In most cases, children are involved. This major risk provides the potential for serious injury and long-term care, which could result in a significant court judgment against an individual organisation. As a community, we have to decide whether this risk is acceptable and affordable. Previously, we have been able to transfer the risk to an insurer but recent developments have made this uneconomic and, in many cases, no insurer is prepared to carry the risk. The alternatives appear to be limited to the community, via the State or Commonwealth Government, agreeing to bear the cost; removing or reducing the ability for injured parties to recover damages or the amount of those damages; and ceasing or restricting activities. The policing of pony club activities to ensure that strict risk management of safety standards is maintained would seem to be impractical. If parents had the ability to sign a document absolving a pony club from any liability for negligence should their child be injured, many would be discouraged from taking part in activities. As stated, there is no simple answer to the problem and a number of alternatives will be considered following the ministerial forum that will take place in Melbourne on 30 May 2002.
It is three months since the Premier issued a press release announcing a five-point plan on public liability insurance. The press release included advice for riding clubs to ensure that riders wear appropriate footwear. It should refer to their heads, not their feet! One month after the Premier’s statement, the Minister for Government Enterprises released a press statement suggesting the Government had a case to present to the national summit established to address the public liability problem. Will the Government offer any real assistance to the Pony Club Association of Western Australia and many other similar groups across the State, or was the Premier’s action plan rhetoric as empty as the minister’s action plan? Point of Order Hon KIM CHANCE: The question contains argument. The PRESIDENT: The last part of the question is out of order but there is a question. I call on the minister to answer the non-argumentative part. Questions without Notice Resumed Hon N.D. GRIFFITHS replied: I thank the member for some notice of this question. The question of which I was given notice is different from the question asked by the member in a number of ways. Notwithstanding that, the answer can still be given because it will deal with the substance of what the member has sought to bring to the attention of the House, as distinct from her rhetorical comments. All States and the Commonwealth are addressing the problem of public liability insurance. The Western Australian Government has contributed to discussions and working parties at the national level. The Government has examined a number of measures with the objective of alleviating the problems that various Western Australian community and sporting groups and small businesses are experiencing with the availability and cost of public liability insurance. The measures considered include legislative intervention, risk management education programs and insurance and self-insurance pools. Unfortunately, there are no simple solutions. Tort reform is raised by some as a potential solution. Comment on that lies with the Attorney General. Activities such as pony clubs have a significant exposure to the possibility of injury. In most cases, children are involved. This major risk provides the potential for serious injury and long-term care, which could result in a significant court judgment against an individual organisation. As a community, we have to decide whether this risk is acceptable and affordable. Previously, we have been able to transfer the risk to an insurer but recent developments have made this uneconomic and, in many cases, no insurer is prepared to carry the risk. The alternatives appear to be limited to the community, via the State or Commonwealth Government, agreeing to bear the cost; removing or reducing the ability for injured parties to recover damages or the amount of those damages; and ceasing or restricting activities. The policing of pony club activities to ensure that strict risk management of safety standards is maintained would seem to be impractical. If parents had the ability to sign a document absolving a pony club from any liability for negligence should their child be injured, many would be discouraged from taking part in activities. As stated, there is no simple answer to the problem and a number of alternatives will be considered following the ministerial forum that will take place in Melbourne on 30 May 2002.
One month after the Premier’s statement, the Minister for Government Enterprises released a press statement suggesting the Government had a case to present to the national summit established to address the public liability problem. Will the Government offer any real assistance to the Pony Club Association of Western Australia and many other similar groups across the State, or was the Premier’s action plan rhetoric as empty as the minister’s action plan? Point of Order Hon KIM CHANCE: The question contains argument. The PRESIDENT: The last part of the question is out of order but there is a question. I call on the minister to answer the non-argumentative part. Questions without Notice Resumed Hon N.D. GRIFFITHS replied: I thank the member for some notice of this question. The question of which I was given notice is different from the question asked by the member in a number of ways. Notwithstanding that, the answer can still be given because it will deal with the substance of what the member has sought to bring to the attention of the House, as distinct from her rhetorical comments. All States and the Commonwealth are addressing the problem of public liability insurance. The Western Australian Government has contributed to discussions and working parties at the national level. The Government has examined a number of measures with the objective of alleviating the problems that various Western Australian community and sporting groups and small businesses are experiencing with the availability and cost of public liability insurance. The measures considered include legislative intervention, risk management education programs and insurance and self-insurance pools. Unfortunately, there are no simple solutions. Tort reform is raised by some as a potential solution. Comment on that lies with the Attorney General. Activities such as pony clubs have a significant exposure to the possibility of injury. In most cases, children are involved. This major risk provides the potential for serious injury and long-term care, which could result in a significant court judgment against an individual organisation. As a community, we have to decide whether this risk is acceptable and affordable. Previously, we have been able to transfer the risk to an insurer but recent developments have made this uneconomic and, in many cases, no insurer is prepared to carry the risk. The alternatives appear to be limited to the community, via the State or Commonwealth Government, agreeing to bear the cost; removing or reducing the ability for injured parties to recover damages or the amount of those damages; and ceasing or restricting activities. The policing of pony club activities to ensure that strict risk management of safety standards is maintained would seem to be impractical. If parents had the ability to sign a document absolving a pony club from any liability for negligence should their child be injured, many would be discouraged from taking part in activities. As stated, there is no simple answer to the problem and a number of alternatives will be considered following the ministerial forum that will take place in Melbourne on 30 May 2002.
Will the Government offer any real assistance to the Pony Club Association of Western Australia and many other similar groups across the State, or was the Premier’s action plan rhetoric as empty as the minister’s action plan? Point of Order Hon KIM CHANCE: The question contains argument. The PRESIDENT: The last part of the question is out of order but there is a question. I call on the minister to answer the non-argumentative part. Questions without Notice Resumed Hon N.D. GRIFFITHS replied: I thank the member for some notice of this question. The question of which I was given notice is different from the question asked by the member in a number of ways. Notwithstanding that, the answer can still be given because it will deal with the substance of what the member has sought to bring to the attention of the House, as distinct from her rhetorical comments. All States and the Commonwealth are addressing the problem of public liability insurance. The Western Australian Government has contributed to discussions and working parties at the national level. The Government has examined a number of measures with the objective of alleviating the problems that various Western Australian community and sporting groups and small businesses are experiencing with the availability and cost of public liability insurance. The measures considered include legislative intervention, risk management education programs and insurance and self-insurance pools. Unfortunately, there are no simple solutions. Tort reform is raised by some as a potential solution. Comment on that lies with the Attorney General. Activities such as pony clubs have a significant exposure to the possibility of injury. In most cases, children are involved. This major risk provides the potential for serious injury and long-term care, which could result in a significant court judgment against an individual organisation. As a community, we have to decide whether this risk is acceptable and affordable. Previously, we have been able to transfer the risk to an insurer but recent developments have made this uneconomic and, in many cases, no insurer is prepared to carry the risk. The alternatives appear to be limited to the community, via the State or Commonwealth Government, agreeing to bear the cost; removing or reducing the ability for injured parties to recover damages or the amount of those damages; and ceasing or restricting activities. The policing of pony club activities to ensure that strict risk management of safety standards is maintained would seem to be impractical. If parents had the ability to sign a document absolving a pony club from any liability for negligence should their child be injured, many would be discouraged from taking part in activities. As stated, there is no simple answer to the problem and a number of alternatives will be considered following the ministerial forum that will take place in Melbourne on 30 May 2002.
The PRESIDENT: The last part of the question is out of order but there is a question. I call on the minister to answer the non-argumentative part. Questions without Notice Resumed Hon N.D. GRIFFITHS replied: I thank the member for some notice of this question. The question of which I was given notice is different from the question asked by the member in a number of ways. Notwithstanding that, the answer can still be given because it will deal with the substance of what the member has sought to bring to the attention of the House, as distinct from her rhetorical comments. All States and the Commonwealth are addressing the problem of public liability insurance. The Western Australian Government has contributed to discussions and working parties at the national level. The Government has examined a number of measures with the objective of alleviating the problems that various Western Australian community and sporting groups and small businesses are experiencing with the availability and cost of public liability insurance. The measures considered include legislative intervention, risk management education programs and insurance and self-insurance pools. Unfortunately, there are no simple solutions. Tort reform is raised by some as a potential solution. Comment on that lies with the Attorney General. Activities such as pony clubs have a significant exposure to the possibility of injury. In most cases, children are involved. This major risk provides the potential for serious injury and long-term care, which could result in a significant court judgment against an individual organisation. As a community, we have to decide whether this risk is acceptable and affordable. Previously, we have been able to transfer the risk to an insurer but recent developments have made this uneconomic and, in many cases, no insurer is prepared to carry the risk. The alternatives appear to be limited to the community, via the State or Commonwealth Government, agreeing to bear the cost; removing or reducing the ability for injured parties to recover damages or the amount of those damages; and ceasing or restricting activities. The policing of pony club activities to ensure that strict risk management of safety standards is maintained would seem to be impractical. If parents had the ability to sign a document absolving a pony club from any liability for negligence should their child be injured, many would be discouraged from taking part in activities. As stated, there is no simple answer to the problem and a number of alternatives will be considered following the ministerial forum that will take place in Melbourne on 30 May 2002.
I thank the member for some notice of this question. The question of which I was given notice is different from the question asked by the member in a number of ways. Notwithstanding that, the answer can still be given because it will deal with the substance of what the member has sought to bring to the attention of the House, as distinct from her rhetorical comments. All States and the Commonwealth are addressing the problem of public liability insurance. The Western Australian Government has contributed to discussions and working parties at the national level. The Government has examined a number of measures with the objective of alleviating the problems that various Western Australian community and sporting groups and small businesses are experiencing with the availability and cost of public liability insurance. The measures considered include legislative intervention, risk management education programs and insurance and self-insurance pools. Unfortunately, there are no simple solutions. Tort reform is raised by some as a potential solution. Comment on that lies with the Attorney General. Activities such as pony clubs have a significant exposure to the possibility of injury. In most cases, children are involved. This major risk provides the potential for serious injury and long-term care, which could result in a significant court judgment against an individual organisation. As a community, we have to decide whether this risk is acceptable and affordable. Previously, we have been able to transfer the risk to an insurer but recent developments have made this uneconomic and, in many cases, no insurer is prepared to carry the risk. The alternatives appear to be limited to the community, via the State or Commonwealth Government, agreeing to bear the cost; removing or reducing the ability for injured parties to recover damages or the amount of those damages; and ceasing or restricting activities. The policing of pony club activities to ensure that strict risk management of safety standards is maintained would seem to be impractical. If parents had the ability to sign a document absolving a pony club from any liability for negligence should their child be injured, many would be discouraged from taking part in activities. As stated, there is no simple answer to the problem and a number of alternatives will be considered following the ministerial forum that will take place in Melbourne on 30 May 2002.
All States and the Commonwealth are addressing the problem of public liability insurance. The Western Australian Government has contributed to discussions and working parties at the national level. The Government has examined a number of measures with the objective of alleviating the problems that various Western Australian community and sporting groups and small businesses are experiencing with the availability and cost of public liability insurance. The measures considered include legislative intervention, risk management education programs and insurance and self-insurance pools. Unfortunately, there are no simple solutions. Tort reform is raised by some as a potential solution. Comment on that lies with the Attorney General. Activities such as pony clubs have a significant exposure to the possibility of injury. In most cases, children are involved. This major risk provides the potential for serious injury and long-term care, which could result in a significant court judgment against an individual organisation. As a community, we have to decide whether this risk is acceptable and affordable. Previously, we have been able to transfer the risk to an insurer but recent developments have made this uneconomic and, in many cases, no insurer is prepared to carry the risk. The alternatives appear to be limited to the community, via the State or Commonwealth Government, agreeing to bear the cost; removing or reducing the ability for injured parties to recover damages or the amount of those damages; and ceasing or restricting activities. The policing of pony club activities to ensure that strict risk management of safety standards is maintained would seem to be impractical. If parents had the ability to sign a document absolving a pony club from any liability for negligence should their child be injured, many would be discouraged from taking part in activities. As stated, there is no simple answer to the problem and a number of alternatives will be considered following the ministerial forum that will take place in Melbourne on 30 May 2002.
Activities such as pony clubs have a significant exposure to the possibility of injury. In most cases, children are involved. This major risk provides the potential for serious injury and long-term care, which could result in a significant court judgment against an individual organisation. As a community, we have to decide whether this risk is acceptable and affordable. Previously, we have been able to transfer the risk to an insurer but recent developments have made this uneconomic and, in many cases, no insurer is prepared to carry the risk. The alternatives appear to be limited to the community, via the State or Commonwealth Government, agreeing to bear the cost; removing or reducing the ability for injured parties to recover damages or the amount of those damages; and ceasing or restricting activities. The policing of pony club activities to ensure that strict risk management of safety standards is maintained would seem to be impractical. If parents had the ability to sign a document absolving a pony club from any liability for negligence should their child be injured, many would be discouraged from taking part in activities. As stated, there is no simple answer to the problem and a number of alternatives will be considered following the ministerial forum that will take place in Melbourne on 30 May 2002.
The policing of pony club activities to ensure that strict risk management of safety standards is maintained would seem to be impractical. If parents had the ability to sign a document absolving a pony club from any liability for negligence should their child be injured, many would be discouraged from taking part in activities. As stated, there is no simple answer to the problem and a number of alternatives will be considered following the ministerial forum that will take place in Melbourne on 30 May 2002.
It is three months since the Premier issued a press release announcing a five-point plan on public liability insurance. The press release included advice for riding clubs to ensure that riders wear appropriate footwear. It should refer to their heads, not their feet! One month after the Premier’s statement, the Minister for Government Enterprises released a press statement suggesting the Government had a case to present to the national summit established to address the public liability problem. Will the Government offer any real assistance to the Pony Club Association of Western Australia and many other similar groups across the State, or was the Premier’s action plan rhetoric as empty as the minister’s action plan? Point of Order Hon KIM CHANCE: The question contains argument. The PRESIDENT: The last part of the question is out of order but there is a question. I call on the minister to answer the non-argumentative part. Questions without Notice Resumed Hon N.D. GRIFFITHS replied: I thank the member for some notice of this question. The question of which I was given notice is different from the question asked by the member in a number of ways. Notwithstanding that, the answer can still be given because it will deal with the substance of what the member has sought to bring to the attention of the House, as distinct from her rhetorical comments. All States and the Commonwealth are addressing the problem of public liability insurance. The Western Australian Government has contributed to discussions and working parties at the national level. The Government has examined a number of measures with the objective of alleviating the problems that various Western Australian community and sporting groups and small businesses are experiencing with the availability and cost of public liability insurance. The measures considered include legislative intervention, risk management education programs and insurance and self-insurance pools. Unfortunately, there are no simple solutions. Tort reform is raised by some as a potential solution. Comment on that lies with the Attorney General. Activities such as pony clubs have a significant exposure to the possibility of injury. In most cases, children are involved. This major risk provides the potential for serious injury and long-term care, which could result in a significant court judgment against an individual organisation. As a community, we have to decide whether this risk is acceptable and affordable. Previously, we have been able to transfer the risk to an insurer but recent developments have made this uneconomic and, in many cases, no insurer is prepared to carry the risk. The alternatives appear to be limited to the community, via the State or Commonwealth Government, agreeing to bear the cost; removing or reducing the ability for injured parties to recover damages or the amount of those damages; and ceasing or restricting activities. The policing of pony club activities to ensure that strict risk management of safety standards is maintained would seem to be impractical. If parents had the ability to sign a document absolving a pony club from any liability for negligence should their child be injured, many would be discouraged from taking part in activities. As stated, there is no simple answer to the problem and a number of alternatives will be considered following the ministerial forum that will take place in Melbourne on 30 May 2002.
One month after the Premier’s statement, the Minister for Government Enterprises released a press statement suggesting the Government had a case to present to the national summit established to address the public liability problem. Will the Government offer any real assistance to the Pony Club Association of Western Australia and many other similar groups across the State, or was the Premier’s action plan rhetoric as empty as the minister’s action plan? Point of Order Hon KIM CHANCE: The question contains argument. The PRESIDENT: The last part of the question is out of order but there is a question. I call on the minister to answer the non-argumentative part. Questions without Notice Resumed Hon N.D. GRIFFITHS replied: I thank the member for some notice of this question. The question of which I was given notice is different from the question asked by the member in a number of ways. Notwithstanding that, the answer can still be given because it will deal with the substance of what the member has sought to bring to the attention of the House, as distinct from her rhetorical comments. All States and the Commonwealth are addressing the problem of public liability insurance. The Western Australian Government has contributed to discussions and working parties at the national level. The Government has examined a number of measures with the objective of alleviating the problems that various Western Australian community and sporting groups and small businesses are experiencing with the availability and cost of public liability insurance. The measures considered include legislative intervention, risk management education programs and insurance and self-insurance pools. Unfortunately, there are no simple solutions. Tort reform is raised by some as a potential solution. Comment on that lies with the Attorney General. Activities such as pony clubs have a significant exposure to the possibility of injury. In most cases, children are involved. This major risk provides the potential for serious injury and long-term care, which could result in a significant court judgment against an individual organisation. As a community, we have to decide whether this risk is acceptable and affordable. Previously, we have been able to transfer the risk to an insurer but recent developments have made this uneconomic and, in many cases, no insurer is prepared to carry the risk. The alternatives appear to be limited to the community, via the State or Commonwealth Government, agreeing to bear the cost; removing or reducing the ability for injured parties to recover damages or the amount of those damages; and ceasing or restricting activities. The policing of pony club activities to ensure that strict risk management of safety standards is maintained would seem to be impractical. If parents had the ability to sign a document absolving a pony club from any liability for negligence should their child be injured, many would be discouraged from taking part in activities. As stated, there is no simple answer to the problem and a number of alternatives will be considered following the ministerial forum that will take place in Melbourne on 30 May 2002.
Will the Government offer any real assistance to the Pony Club Association of Western Australia and many other similar groups across the State, or was the Premier’s action plan rhetoric as empty as the minister’s action plan? Point of Order Hon KIM CHANCE: The question contains argument. The PRESIDENT: The last part of the question is out of order but there is a question. I call on the minister to answer the non-argumentative part. Questions without Notice Resumed Hon N.D. GRIFFITHS replied: I thank the member for some notice of this question. The question of which I was given notice is different from the question asked by the member in a number of ways. Notwithstanding that, the answer can still be given because it will deal with the substance of what the member has sought to bring to the attention of the House, as distinct from her rhetorical comments. All States and the Commonwealth are addressing the problem of public liability insurance. The Western Australian Government has contributed to discussions and working parties at the national level. The Government has examined a number of measures with the objective of alleviating the problems that various Western Australian community and sporting groups and small businesses are experiencing with the availability and cost of public liability insurance. The measures considered include legislative intervention, risk management education programs and insurance and self-insurance pools. Unfortunately, there are no simple solutions. Tort reform is raised by some as a potential solution. Comment on that lies with the Attorney General. Activities such as pony clubs have a significant exposure to the possibility of injury. In most cases, children are involved. This major risk provides the potential for serious injury and long-term care, which could result in a significant court judgment against an individual organisation. As a community, we have to decide whether this risk is acceptable and affordable. Previously, we have been able to transfer the risk to an insurer but recent developments have made this uneconomic and, in many cases, no insurer is prepared to carry the risk. The alternatives appear to be limited to the community, via the State or Commonwealth Government, agreeing to bear the cost; removing or reducing the ability for injured parties to recover damages or the amount of those damages; and ceasing or restricting activities. The policing of pony club activities to ensure that strict risk management of safety standards is maintained would seem to be impractical. If parents had the ability to sign a document absolving a pony club from any liability for negligence should their child be injured, many would be discouraged from taking part in activities. As stated, there is no simple answer to the problem and a number of alternatives will be considered following the ministerial forum that will take place in Melbourne on 30 May 2002.
The PRESIDENT: The last part of the question is out of order but there is a question. I call on the minister to answer the non-argumentative part. Questions without Notice Resumed Hon N.D. GRIFFITHS replied: I thank the member for some notice of this question. The question of which I was given notice is different from the question asked by the member in a number of ways. Notwithstanding that, the answer can still be given because it will deal with the substance of what the member has sought to bring to the attention of the House, as distinct from her rhetorical comments. All States and the Commonwealth are addressing the problem of public liability insurance. The Western Australian Government has contributed to discussions and working parties at the national level. The Government has examined a number of measures with the objective of alleviating the problems that various Western Australian community and sporting groups and small businesses are experiencing with the availability and cost of public liability insurance. The measures considered include legislative intervention, risk management education programs and insurance and self-insurance pools. Unfortunately, there are no simple solutions. Tort reform is raised by some as a potential solution. Comment on that lies with the Attorney General. Activities such as pony clubs have a significant exposure to the possibility of injury. In most cases, children are involved. This major risk provides the potential for serious injury and long-term care, which could result in a significant court judgment against an individual organisation. As a community, we have to decide whether this risk is acceptable and affordable. Previously, we have been able to transfer the risk to an insurer but recent developments have made this uneconomic and, in many cases, no insurer is prepared to carry the risk. The alternatives appear to be limited to the community, via the State or Commonwealth Government, agreeing to bear the cost; removing or reducing the ability for injured parties to recover damages or the amount of those damages; and ceasing or restricting activities. The policing of pony club activities to ensure that strict risk management of safety standards is maintained would seem to be impractical. If parents had the ability to sign a document absolving a pony club from any liability for negligence should their child be injured, many would be discouraged from taking part in activities. As stated, there is no simple answer to the problem and a number of alternatives will be considered following the ministerial forum that will take place in Melbourne on 30 May 2002.
I thank the member for some notice of this question. The question of which I was given notice is different from the question asked by the member in a number of ways. Notwithstanding that, the answer can still be given because it will deal with the substance of what the member has sought to bring to the attention of the House, as distinct from her rhetorical comments. All States and the Commonwealth are addressing the problem of public liability insurance. The Western Australian Government has contributed to discussions and working parties at the national level. The Government has examined a number of measures with the objective of alleviating the problems that various Western Australian community and sporting groups and small businesses are experiencing with the availability and cost of public liability insurance. The measures considered include legislative intervention, risk management education programs and insurance and self-insurance pools. Unfortunately, there are no simple solutions. Tort reform is raised by some as a potential solution. Comment on that lies with the Attorney General. Activities such as pony clubs have a significant exposure to the possibility of injury. In most cases, children are involved. This major risk provides the potential for serious injury and long-term care, which could result in a significant court judgment against an individual organisation. As a community, we have to decide whether this risk is acceptable and affordable. Previously, we have been able to transfer the risk to an insurer but recent developments have made this uneconomic and, in many cases, no insurer is prepared to carry the risk. The alternatives appear to be limited to the community, via the State or Commonwealth Government, agreeing to bear the cost; removing or reducing the ability for injured parties to recover damages or the amount of those damages; and ceasing or restricting activities. The policing of pony club activities to ensure that strict risk management of safety standards is maintained would seem to be impractical. If parents had the ability to sign a document absolving a pony club from any liability for negligence should their child be injured, many would be discouraged from taking part in activities. As stated, there is no simple answer to the problem and a number of alternatives will be considered following the ministerial forum that will take place in Melbourne on 30 May 2002.
All States and the Commonwealth are addressing the problem of public liability insurance. The Western Australian Government has contributed to discussions and working parties at the national level. The Government has examined a number of measures with the objective of alleviating the problems that various Western Australian community and sporting groups and small businesses are experiencing with the availability and cost of public liability insurance. The measures considered include legislative intervention, risk management education programs and insurance and self-insurance pools. Unfortunately, there are no simple solutions. Tort reform is raised by some as a potential solution. Comment on that lies with the Attorney General. Activities such as pony clubs have a significant exposure to the possibility of injury. In most cases, children are involved. This major risk provides the potential for serious injury and long-term care, which could result in a significant court judgment against an individual organisation. As a community, we have to decide whether this risk is acceptable and affordable. Previously, we have been able to transfer the risk to an insurer but recent developments have made this uneconomic and, in many cases, no insurer is prepared to carry the risk. The alternatives appear to be limited to the community, via the State or Commonwealth Government, agreeing to bear the cost; removing or reducing the ability for injured parties to recover damages or the amount of those damages; and ceasing or restricting activities. The policing of pony club activities to ensure that strict risk management of safety standards is maintained would seem to be impractical. If parents had the ability to sign a document absolving a pony club from any liability for negligence should their child be injured, many would be discouraged from taking part in activities. As stated, there is no simple answer to the problem and a number of alternatives will be considered following the ministerial forum that will take place in Melbourne on 30 May 2002.
Activities such as pony clubs have a significant exposure to the possibility of injury. In most cases, children are involved. This major risk provides the potential for serious injury and long-term care, which could result in a significant court judgment against an individual organisation. As a community, we have to decide whether this risk is acceptable and affordable. Previously, we have been able to transfer the risk to an insurer but recent developments have made this uneconomic and, in many cases, no insurer is prepared to carry the risk. The alternatives appear to be limited to the community, via the State or Commonwealth Government, agreeing to bear the cost; removing or reducing the ability for injured parties to recover damages or the amount of those damages; and ceasing or restricting activities. The policing of pony club activities to ensure that strict risk management of safety standards is maintained would seem to be impractical. If parents had the ability to sign a document absolving a pony club from any liability for negligence should their child be injured, many would be discouraged from taking part in activities. As stated, there is no simple answer to the problem and a number of alternatives will be considered following the ministerial forum that will take place in Melbourne on 30 May 2002.
The policing of pony club activities to ensure that strict risk management of safety standards is maintained would seem to be impractical. If parents had the ability to sign a document absolving a pony club from any liability for negligence should their child be injured, many would be discouraged from taking part in activities. As stated, there is no simple answer to the problem and a number of alternatives will be considered following the ministerial forum that will take place in Melbourne on 30 May 2002.
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