By their very nature playgrounds have an element of risk, designed to challenge children and deliver development opportunities.
In practice this means that the local government should take reasonable steps to develop, manage and maintain their playground assets. Ideally members would have a system in place for inspecting, maintaining and repairing playground equipment to reduce the possibility of neglect and thus reducing the possibility of a public liability claim being made.
They’re valued and sought-after amenities in every local government area across Western Australia. They also come with high levels of expectation from the community that they will be well designed, in appropriate locations and maintained in a condition that ensures safe and enjoyable experiences for children.
There’s a tension that local governments must balance between community amenity and the liability exposures that facilities, such as playgrounds, carry for the local government. Members need to carefully consider the risks associated with the asset and ensure that reasonable controls are put in place to ensure the community’s safety and reduce their own liability exposure.
The 2024 WA Local Government Convention over 8 to 10 October was an excellent opportunity to chat with members and talk about the issues that matter to you. Over 650 delegates attended from across the state and we appreciated the effort many made to seek out our team to provide feedback and ask questions.
Members are once again asking questions about fire safety for e-bikes, e-scooters and other light electric vehicles (LEV), alongside the installation of EV charging stations. This is an evolving risk area and members should consider the developing situation.
2023/24 proved an interesting year for the LGIS scheme and our members. There have been inflationary pressures, labour markets have been tight and skilled workers difficult to find, the workforce is ageing, and there has been substantial legislative change including the Local Government Act and a brand-new Workers Compensation and Injury Management Act.
What does 'reasonable' mean in law?
‘Reasonable’ is a term that crops up time and time again in law. It’s an important concept to understand when considering a local government’s potential liability exposures.
The law of negligence defines that standard as the level of care that a ‘reasonable person’ would exercise in a similar situation. For example: it’s reasonable to expect that any new play equipment installed by a local government meets current Australian standards.
For LGIS members the question is ‘What would a reasonable local government, with similar information and resources, do in this situation?’ Where members document and show a process which demonstrates reasonable care has been taken, liability defences are strengthened.
Risky play – liability assessments
In addition to the detailed assessments undertaken by our Liability Risk team, the LGIS Regional Risk Coordinators are now able to conduct playground liability risk assessments for the members they work with. Initially rolled out to Great Eastern zone members, 22 have already been completed. The assessments are designed to not only mitigate risks but also assist members in showcasing due diligence in the management of their playground facilities.
The evaluation process encompasses a thorough inspection of playground equipment and associated infrastructure within the specified playground area. It’s focused on public liability exposures and supports members broader risk mitigation arrangements by identifying potential hazards and providing recommendations to assist.
The assessment covers a number of key areas of concern:
It should be remembered that this is a liability assessment, and not a compliance assessment. It is not an assessment against any Australian Standards.
Once the assessment/s are completed members are provided with a detailed report of recommendations. These should be carefully considered with regard to the members specific circumstances and with due to regard to the likelihood and severity in the context of resources available to your local government.
From a liability perspective it’s vital that any decisions on the recommendations are documented. Even deciding to do nothing is a decision and as such should be documented with rationale to the decision-making process. The member should carefully consider the parties exposed to the risk, the seriousness of harm and the costs to rectify the hazard.
Playground injuries also have work, health and safety (WHS) implications for members. Following a number of playground injuries in South Australia, SafeWork SA ran a safety campaign across 2022-23. Although here in Western Australia playgrounds haven’t received the same focus from WorkSafe WA there are lessons to be learned from the SA experience.
The compliance campaign assessed 49 playgrounds which resulted in 64 non-compliance notices. There were two prohibition notices that effectively closed the playgrounds until issues were addressed.
Within this group five local government playgrounds were assessed with 18 improvement notices.
Key issues from the assessments included:
To ensure these types of issues are identified and addressed SafeWork SA reminded everyone who is responsible for playgrounds to assess them regularly to ensure:
More information
For more information contact your Regional Risk Coordinator. Not a member of the Regional Risk program? Contact the LGIS Liability Risk Team for further advice and support.
The recent WA Local Government Convention was an excellent opportunity to chat with members and talk about the issues that matter to you. LGIS also appreciated the invitation from WALGA to provide members with an update at their AGM on our 2023/24 results and achievements. For more information, our end of financial year reports, A Year in Review and Annual Financial Report, are now available on the LGIS website or you can read the article on page 18.
By their very nature playgrounds have an element of risk, designed to challenge children and deliver development opportunities. They’re valued and sought-after amenities in every local government area across Western Australia. They also come with high levels of expectation from the community that they will be well designed, in appropriate locations and maintained in a condition that ensures safe and enjoyable experiences for children
The claimant (child) was travelling across a bridge in the playground and fell through a confined space causing a broken femur, cuts and bruises. The claimant alleged that the playground was unsafe and had design flaws that didn’t prevent children from injuring themselves.
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.
