Initially, it was unclear whether the spectators injured were within or outside the exclusion zone for the firework event.
Until the Department of Mines, Industry Regulation and Safety (DMIRS), who were the regulatory body for firework events, finalised their investigation into the incident, the local government was potentially liable for the injuries sustained by the accident as it was responsible for:
As to the performance of the operator, when dealing with dangerous activities, the courts can impose a non-delegable duty of care, which means the City’s selection process (or due diligence) and engagement of the operator will not insulate it from its duty owed to the injured spectators.
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.
Non-delegable duty defined
A non-delegable duty is a legal obligation or duty which cannot legally be delegated or, if delegated, the principal is still liable for said obligation. A non-delegable duty of care imposes a stringent duty on an owner or occupier who authorises or allows a dangerous use of land.
After a considerable investigation period, DMIRS finalised their investigation into the incident, and released their report which found that:
Lessons from this case
The above claim illustrates how important and critical it is for members to ensure they implement and comply with stringent due diligence or selection process when engaging independent contractors, even more so when dealing with a dangerous activity (such as fireworks).
Additionally, this case highlights the risk local governments are exposed to when dealing with dangerous use activities. Even if members establish that they undertook a stringent selection process and the firework contractor was negligent (which in this case it wasn’t), the local government would still be (proportionately) liable for the injuries caused to the spectators.
For more information on how to implement risk mitigation strategies to organise successful events, please get in touch with your account manager.
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.
