Voluntary Assumption of Risk Bill 2002* (Qld)

Queensland

VOLUNTARY ASSUMPTION OF RISK BILL 2002

Queensland

VOLUNTARY ASSUMPTION OF RISK

BILL 2002 TABLE OF PROVISIONS Section 1 Short title. 2... eee eens 2 Application of Act... 0... eee eee eee

3 Assumption of risk 2.0... eee eee ee

A BILL FOR

An Act about the voluntary assumption of risks created by an activity

sl 4 s3 Voluntary Assumption of Risk Bill 2002

The Parliament of Queensland enacts—

1 Short title This Act may be cited as the Voluntary Assumption of Risk Act 2002.

2 Application of Act This Act does not limit the application of the following Acts— (a) Coal Mining Safety and Health Act 1999; (b) Dangerous Goods Safety Management Act 2001; (c) Mining and Quarrying Safety and Health Act 1999; (d) Workplace Health and Safety Act 1995.

3 Assumption of risk (1) This section applies to a person taking part in an activity if—

(a) the person or, if the person is a child, the person's parent or guardian voluntarily signs a waiver that lists particular risks associated with the activity; and

(b) the provider of the activity has taken reasonable precautions for the health and safety of persons taking part in the activity.

(2) The person is taken to have— (a) assumed the risks listed in the waiver; and

(b) waived any claim against the provider for injury to the person caused by exposure to the risks.

(3) However, subsection (2) does not apply if—

(a) the injury was caused by the provider's reckless disregard for the person's health and safety; or

(b) the provider intentionally caused the injury.

(4) If a waiver is effective to waive a claim by the person against the provider for an injury to the person, it is also effective to waive a claim by a dependant of the person against the provider for the injury.

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s3 5 s3 Voluntary Assumption of Risk Bill 2002