Leisure industry must adopt a 'culture of care' expert warns

With a sensible and stable legislative framework being developed, it is up to the industry to embrace a culture of care to ensure the gains which have been achieved through reform are not undone.

A leading adviser to the industry and partner with legal firm Sparke Helmore, Gillian Davidson has told delegates at the Australian Amusement, Leisure and Recreation Association (AALARA) conference that there is no room for complacency. Federal and state legislative reforms, so that claims are significantly reduced for simple incidents such as trips, falls, bruising, broken fingers or any other injuries that can be sustained while undertaking risky activities, mean that the onus is well and truly on the industry to continue to provide safe, well cared for and maintained facilities.

"If operators fail in this duty of care there will be swift retribution from insurers who are just coming back into the market. If they think for one moment that operators are able to translate no law into no insurance the insurers will desert the industry."

Davidson says that with the reforms, however, comes an even greater need for operators to understand and wholeheartedly comply with the latest standards for their sector. "There is concern in some quarters that smaller operators will say "We're off the hook; we got the changes we wanted so we don't need quality insurance because there is no risk of being sued". If this gung-ho attitude prevails, it will bring the industry to its knees," she warned.