Warning - Tours in Australia

malc_b

In UK if someone is seriously injured or killed the HSE investigate (AFAIK). You'd expect the same to be true for any 1st world country. Apparently not in Australia, specifically Tasmania. If you say buy a horse or quad bike trail ride and are seriously injured or even killed on the trail, No One investigates this!

Worksafe Standards Tasmania, the equivalent to our HSE, only investigate accidents to tourist at the hire office / stables. Workers on the trail can't be killed without it being investigated as the workers bike (or presumably horse), is a "workplace". But the tourist's bike/horse isn't. This ruling has been in place since 2005.

So the advice before going horse riding or quad biking in Australia (Tasmania) would be to check the company out first. No one else will it seems. They could be injuring tourist regularly for all anyone cares it seems.

Bob_the_Saver

In my (limited) experience horses have no brakes and lousy suspension so are not 100% safe anywhere.

phatbear

And dont forget your travel insurance!

malc_b

Very light hearted I'm sure but not really the point. Can any amount of money compensated for being in a wheelchair for the rest of your life? Given the time again wouldn't anyone say I wish I had chosen some other company to go quad biking with?

As I said in the title this is a warning. I and sure most people, would expect Australia (Tasmania) to have some government agency taking an interest in companies that regularly bend or break tourists. This isn't the case and it goes back to 2005 or before. Hence you need to check the safety record of any company.

I'm told that this loophole will be close in 2012 when Australia wide rules are introduced, although that remains to be seen. My reading of the current act differs from the solictor general's ruling.

malc_b

I thought I should up date this with some points of Tasmania law that I've been made aware of.

The Civil Liability Act 2002 section 20 says:

20. No liability for harm suffered from obvious risks of dangerous recreational activities

(1) A person is not liable for a breach of duty for harm suffered by another person ("the plaintiff") as a result of the materialisation of an obvious risk of a dangerous recreational activity engaged in by the plaintiff.


(2) This section applies whether or not the plaintiff was aware of the risk.


And waivers that exclude liability are LEGAL in Tasmania.


So not only does Tasmania HSE not check out stables, off road biking etc. but by signing a waiver you don't have any rights, and even if you did they can argue no liability because the risk was obvious, even if they did not keep to best practice.


My advice to anyone thinking of going riding in Australia is to check out the AHIC Horsesafe guide. If the stables does not follow that then get off and walk. The law in Tasmania (and Australia?) protects companies not the public.