Future Direction of Outdoor Pursuits in WA - Australian Sports ...

1. Terms of Reference and Methodology
Background
Given the increasing interest of Western Australians in a diverse range of outdoor pursuits, and
the disparate nature of service providers, it was deemed timely to consider approaches to the
future management and control of outdoor pursuits activities in this State. The need for this
Review was reinforced by the Coroner’s report and findings into the death of Kristy Hartfield
from injuries incurred while engaging in the outdoor pursuits activity of abseiling 10 .
In 1988, the Department of Sport and Recreation convened a reference group and initiated
an inquiry in response to Coroner’s findings in the Hartfield Inquest with the following terms of
reference.
Terms of Reference
1. To undertake a comparative analysis of approaches to the management/control of outdoor
pursuits activities in a sample of other countries (eg. United Kingdom, USA, Canada, New
Zealand, Germany, France) and interstate. The analysis to include consideration of:
a. accreditation/licensing of instructors/service providers;
b. curriculum content and operator practices; and
c. site access and survey.
The comparative analysis should provide an overview of management and control strategies
that are currently being implemented across a range of outdoor pursuits activities and
should incorporate the specific issues raised by the Coroner in the Hartfield Inquest (the
items listed (a) to (o) in his findings).
2. Based on assessment of information in Point 1 above, identify any aspects:
a. which may require some form of legislation/regulation;
b. which may require consideration of alternative/improved practices, processes and or
approaches; and
c. to ensure that, when undertaken responsibly, outdoor pursuits will predominantly be
incident free.
Whilst the focus within the terms of reference addressed the issues of regulation within outdoor
pursuits, it was opportune to concurrently identify related key strategic issues needing to
be addressed in the medium term. The emergence of risk management, public liability and
tort law reform deliberations in 2001 11 12 13 , have significantly affected sport, recreation and
outdoor activity participation. Several of the recommendations therefore respond to broader
organisational and structural issues requiring reform and/or improvement.
10 ‘Record of Investigation in Death of Kristy Rose Hartfield’, SM McGuire, Coroner, 8 September 1998, ref. No. 46/98.
11 ‘Review of Australian Sports Insurance, ‘ Rigby Cook Lawyers; Summary of a report prepared for the Sport and Recreation Minister’s
Council, March 2002, Standing Committee on Sport and Recreation (SCORS).
12 ‘Public Liability Insurance: Practical Proposals for Reform’, Report to the Insurance Issues Working Group of Heads of Treasuries,
Trowbridge Consulting, 15 May 2002.
13 ‘Review of the Law of Negligence Report’, Chaired by the Honourable Justice David Ipp, August 2002.
Future Direction of Outdoor Pursuits in WA
9