The Recreational Services (Limitation of Liability) Act 2002 was prompted by the need to bring about a reduction in the cost of public liability insurance for recreational service providers.

Under this Act a person is able to submit a safety code for a particular recreational activity (e.g. horse riding) to be registered by the Minister for Consumer Affairs. The safety code must set out measures that a provider of recreational services will take to ensure a reasonable level of protection for consumers.

Once a safety code is registered and has taken effect, providers of recreational services to which the code applies, can then register an undertaking to comply with the code. Such providers may cancel their registration at any time.

The Office of Consumer and Business Affairs (external link) (OCBA) website holds a register of safety codes as well as a register of all providers that have registered undertakings to comply with a particular code. A recreational service provider who has registered an undertaking to comply with a registered safety code must adequately notify consumers that the provider's duty of care is governed by the code.

The provider must also have a copy of the safety code available for inspection at their place of business, at all times.

If a consumer suffers from personal injury, the provider is only liable in damages for negligence if the consumer establishes that the provider failed to comply with the safety code, and that failure caused the injury.

Further information

• Visit the OCBA Recreational Services Act website (external link)
• Read more about the Act (external link)
• Download a copy of the Act (external link)

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