A well-run playground should be a safe, inclusive, and welcoming space that promotes the health and wellbeing of all attending children and adults. While safety is undoubtably essential, it is important to acknowledge that an authentic playground experience comes with inherent risks. Despite this, failure to adequately manage playgrounds can negatively impact community perception, cause reputational damage and where young children are involved, trigger emotionally charged claims. There are however, multiple strategies that local governments can employ to ensure everyone stays safe while enjoying the benefits of play and social interaction.
LGIS had the pleasure of visiting the City of Kwinana to present the 3 Steps to Safety Diligence in Safety Award. We recognised Kwinana’s outstanding commitment to workplace health and safety based upon their incorporation of our three steps ‘assess’, ‘plan’ and ‘act’.
Local governments, as employers, face many of the same challenges as other organisations when it comes to dealing with their employees. The reality is that issues or disputes with employees are inevitable, and on some occasions will lead to an employee pursuing a legal claim relating to their employment.
Injuries that happen during your commute to or from work are not covered by workers’ compensation. However, there is special protection called Journey Personal Injury cover, which is fully funded by the WorkCare Scheme for employees in the local government sector.
Most playground hazards can be prevented or significantly reduced through the careful planning, design and maintenance of playground equipment and facilities. This year, our regional risk team completed 98 individual playground assessments, offering over 54 critical recommendations requiring immediate action. Many of the commonplace hazards we identified included:
Let’s explore three of the most prevalent playground hazards and how they can be addressed to make your local playground safer for the community.
In recent years, the playground industry across Australia has faced mounting challenges that make regular maintenance more difficult. Supply chain disruptions, budgetary constraints and staff shortages mean that many asset owners – schools, local governments, and community organisations are struggling to keep their play spaces in top condition.
As a result, wear and tear, damage, corrosion and vandalism can go unnoticed and unaddressed, creating dangerous conditions for children. The danger posed by inadequate maintenance can be significant. When playgrounds are neglected, the risks to children’s safety increase dramatically, turning a place of joy into a potential hazard. According to LGIS data, insufficient maintenance is responsible for the second highest number of claims and is closely interconnected to the majority of other playground hazards, making it fundamental to the wider project of reducing playground related risks. Over the past ten years LGIS has seen claims ranging from children falling from vandalised swings to children falling through the park equipment itself. These claims can fluctuate from minor loses to more significant settlements, making regular park maintenance systemic in reducing future risk.
One of the most insidious risks of neglect is the deterioration of equipment. Over time, exposure to the elements can cause playground components such as ropes, bolts, and surfaces to weaken or break down.
These issues can escalate, leading to loose or broken hardware, rusted metal parts, or cracked surfaces. Such hazards are not just minor inconveniences; they are serious safety concerns that can be responsible for cuts and bruises as well as more severe injuries such as broken limbs.
Furthermore, insufficient maintenance can lead to the development of uneven or slippery surfaces. For example, worn-out rubber mats or cracked concrete can become tripping hazards, especially for younger children who are still developing their coordination.
In August 2023, a four-year-old child’s toe had to be amputated after it became trapped in the gap between the spinning metallic platform and the stationary outer section of a wheelchair-accessible carousel.
Despite efforts to reattach the toe, the injury was permanent, highlighting the serious entrapment hazards present in playground equipment, specifically those involving forced movements.
Entrapment hazards can occur when a child’s body part or clothing become trapped between moving parts of playground equipment. This risk is elevated when the equipment involves forced movements, which are very common in playgrounds across WA. Following this incident, WorkSafe launched Health and Safety Bulletin No. 19, tailored to specifically target those responsible for managing playgrounds. According to LGIS data, entrapment injuries make up 28% of all equipment claims, reaffirming the importance of understanding this hazard.
In accordance with Australian Standards, openings and gaps that pose entrapment risks should be eliminated at the planning stage. However, the inspection of older/damaged playground equipment can still reveal entrapment hazards. Subsequently, inspection in a reasonable and appropriate manner can be integral to reducing entrapment and safeguarding communities. Following the 2023 incident, WorkSafe offered the following recommendations:
Slides are among the most popular and engaging pieces of infrastructure in Australian playgrounds. Despite this, they can pose serious safety concerns, which without the proper design, maintenance and supervision can lead to serious injury.
LGIS has noted incidents ranging from children cutting themselves on damaged slides, to severe friction burns to unpredictable sliding speeds that have resulted in broken limbs. These cases underscore the significant risks associated with slides and emphasise the importance of ensuring their design, installation, and ongoing maintenance remain fully compliant with safety standards and regulations. Doing so both ensures the safety of all park users and helps to protect the sector from liability and reputational damage.
One of the most common hazards resulting from slides is impact injuries. This type of injury usually occurs from falls at the end of the slide or from improper use of equipment such as tandem riding. Entrapment hazards are also prevalent as gaps or spaces in the slide structure can trap clothing, hair, or fingers. Additionally, high sliding speeds, particularly on taller or larger slides can increase the risk of falls or collisions.
While slides are a vital part of an engaging playground environment, their safety hinges on thoughtful design, regular maintenance, and vigilant supervision. In WA, implementing these measures can help strike a balance between fun and injury prevention.
Local governments owe a duty of care to members of the public to take reasonable action to prevent any loss or injury related to their assets, including playgrounds. When an accident occurs, common law places the burden of proving negligence on the claimant who alleges they have suffered a loss. For a local government to be held responsible in a liability claim, the following four elements must be established:
Negligence may be demonstrated if the injury was foreseeable and resulted from insufficient signage or faulty playground equipment due to design flaws, defects, or poor maintenance. Proving negligence requires showing that the local government failed in its duty of care and that this failure directly caused the injury.
However, local governments can mount a strong defence by demonstrating they had a reasonable management program in place, considered design standards at the planning stage and sought professional input from qualified planners. Documenting and evidencing a process that shows reasonable care has been taken can significantly strengthen their position in the event of a claim.
Providing a safe environment isn’t just about protecting children and the wider community, but it’s also about fulfilling legal obligations. Failing to reasonably uphold this duty of care can lead to legal action, financial liabilities, and damage to community trust and reputation.
For local governments in Western Australia, the discussed hazards highlight above all else the importance of proactive risk management. Advocated by WorkSafe, Australian Standards offer comprehensive guidance on the development, installation, inspection, and maintenance of playgrounds. Scan the QR code to visit the Australian Standards website.
Across all three playground hazard case studies, a clear pattern emerged. Consistent inspection and reasonable maintenance are the most effective strategies for protecting local governments from claims and safeguarding our children from serious injury.
Creating a safe, engaging, and inclusive playground requires ongoing effort, collaboration, and vigilance. By implementing practical safety measures and understanding liability considerations, LGIS, alongside our members can help ensure that playgrounds remain a positive, secure space for children and families to thrive. Supporting these community hubs not only promotes healthy development but it also strengthens the fabric of local communities.
For more information we encourage members to contact LGIS people risk team or your regional risk specialist.
This year marks the significant milestone of the 30th anniversary of LGIS. It’s an opportunity to reflect on the remarkable journey we have undertaken together over the past three decades. Since our founding in 1995, LGIS has evolved from a practical response to emerging risks into a pioneering mutual scheme that proudly serves the diverse needs of Western Australia’s local governments.
Fostering children’s development and enhancing community wellbeing, playgrounds are undeniably an influential facet in supporting learning and social interaction. As a hugely important piece of public infrastructure, balancing the risks with the benefits of play is therefore an important issue for local governments to navigate.
Bushfires, cyclones, fatalities, cyber breaches and CCC investigations are all examples of incidents that may send your local government into crisis. If this happens, our team of experts are standing by ready to comprehensively support you through turmoil and disruption.
