In the last five financial years (2019-present), we have received over 700 claims relating to footpaths costing in excess of $ 1.2 mllion. At times, these claims have also resulted in significant costs associated with running defences for the member or funding compensating on the member’s behalf. As with any serious injury, members also have to face risk to their reputation.
Local governments are responsible for constructing and managing hundreds of thousands of kilometres of footpaths and shared paths throughout communities in Western Australia. Paths are a crucial aspect of public amenities as they provide easy and convenient access to community members. However, local governments need to consider their responsibility and exposure in the development and maintenance of these assets.
Our new ‘footpaths and shared paths’ guide supports members’ risk management efforts, providing a practical approach to identifying potential vulnerabilities and demonstrating a systematic approach to managing those risks.
At its core, LGIS is all about local governments working together to achieve best outcomes for their organisations, people
and community. LGSAG is one such initiative where we have collaborated with member representatives to ensure they can create a safe and healthy work environment for their workforce when it comes into effect sometime next year.
The Workers’ Compensation & Injury Management Bill 2023, currently before Parliament in Western Australia, will enact major changes to WA’s workers’ compensation scheme
when it comes into effect sometime next year.
The importance of employers following internal policies and procedures and keeping accurate records can’t be emphasised enough when effectively managing a worker’s compensation claim. Our first case explores the need to follow one’s own internal polices in the context of a worker’s compensation work related stress claim.
Members owe a duty of care to users of their path networks; make sure that your path networks are designed and managed to be as safe as can be reasonably expected. Where this duty is not met, users may be harmed and you could potentially be liable.
The guide supports members is meeting their duty of care to path users.
By introducing initiatives and resources that target areas of high frequency claims we can work together to mitigate the sector’s exposure.
It is interesting to note that almost two-thirds of liability claims are related to footpaths and roads, or trees. Our largest claims have come from a failure to maintain and document the management of these outdoor assets.
Using the guide, local governments will be able to analyse and/ or develop a systematic approach to manage paths and create safe outdoor spaces for their community. This, in turn, will also help reduce the exposure to liability claims through this resource.
This guide has been compiled to specifically address the process of determining the types of controls:
Management of path assets should form part of the member’s asset management system. All decision-making processes regarding risk management need to be documented and recorded in the corporate record system. If path assets are not addressed under integrated planning and reporting (IP&R), members should adopt a policy stipulating the methodology and commitments to manage path assets.
When local governments develop (and document) their asset management plans and policy they should consider the duty of care requirements of the Civil Liability Act 2002 (WA), and the sections relative to that of a public body such as a local government member, namely:
Understanding and correct application of these provisions may afford some protection against public liability claims and assist LGIS in adequately defending members who are the subject of these claims.
LGIS has recently launched a self-assessment tool (CIP) to assist us better defend local government interests. If you need any further information in relation to the management of your footpath assets or completion of the CIP assessment, please contact your account manager.
A copy of the guide is available on the LGIS website under Risk management<Liability risk management.
To discuss assistance that can be provided, please contact the LGIS Risk team or your regional risk coordinator.
Each month we take your questions to one of our LGIS team members to answer.
If you want to submit a question for next issue, email us at [email protected]
Welcome to our last edition of Risk Matters for 2023. We always enjoy an opportunity to catch up with members, and in the last quarter of 2023 there’s been plenty.
It’s summer! That time of the year when everyone is ready to celebrate and go on holidays. Tourists all across the country and within Western Australia flock to popular spots to relax and enjoy our beautiful state.
A woman in her 50s lost her balance and fell while stepping up over a concrete mound within a popular caravan park. She fractured her ankle and held one of our regional members liable for the injury and loss suffered, alleged to have been $190k.
LGIS is the unifying name for the dedicated suite of risk financing and management services for WA local governments, established by the WA Local Government Association in conjunction with JLT Public Sector (part of the Marsh group of companies). LGIS is managed by JLT Public Sector (ABN 69 009 098 864 AFS Licence 226827).
Risk Matters, via this website, is designed to keep members, their staff and elected members informed on topical risk management and insurance issues and LGIS programs and services.
