Duty of Care 1 - Risk Management Overview
Risk Management is a four step process.
Step 1: Identify hazards
Step 2: Assess risks
Step 3: Control risks
Step 4: Review
Hazard | Risk | Likelihood | Consequence | Risk Rating | Risk Controls |
Bush fire |
Injury or Death |
Moderate for a midsummer walk in bush or forest |
High |
High Low |
|
Extreme |
Frostbite, Hypothermia, Death |
Likely in alpine areas and wet windy conditions |
Critical | High |
|
Extreme |
Dehydration / Heat Stroke | Moderate in Summer | Medium Critical |
Medium High |
|
Snake Bite |
Injury Death |
Unlikely Unlikely |
Medium Critical |
Low Low |
|
Dehydration |
Immobility |
Likely in summer in steep terrain |
Medium Critical |
Medium |
|
Extreme terrain |
|
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Mine Shafts |
Injury or death |
Likely in some areas |
Medium Critical |
Low |
|
Flooded rivers, seas, tidal crossings |
Drowning |
Likely in some areas |
Crtitical |
Low |
|
Electrical storms |
Lightning strike or tree fall |
Likely in some areas |
Critical |
Low |
|
Property damage |
Leaving gates open |
Likely in some areas |
Medium |
Low |
|
Vehicle accident |
Accident, injury , death | Likely in some conditions | Critical | Low |
|
1. Duty of care has been described as the responsibility to refrain from causing other persons injury or loss.
2. In terms of bushwalking clubs, the test of an activity leader’s or participant’s duty of care could be:
What a reasonably prudent person would do to take reasonable care to avoid exposing fellow participants (having regard to their knowledge, age,experience and skill) to unreasonable risks of injury or loss.
3. Furthermore, in the case of bushwalking clubs there is normally a high level of expectation on the part of club committees and activity leaders that participants will take responsibility for their own welfare and safety in a manner consistent with their knowledge, age, experience and skill. Therefore all participants and leaders need to take reasonable care to avoid exposing any person including guest participants to unreasonable risk of injury or loss.
4. Liability occurs when a duty of care was owed and that duty was then breached. Public liability is when the loss, injury or damage is to person or property although these are decisions for courts to make.