By-laws - Queensland Law Society

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activ i ties and proce dures which will be pursued on an excur sion can demon strate something at least of the points I have mentioned previ ously about adequate planning, check ing, train ing and super vi sion. In addition, as I have previ ously mentioned, it can provide an excel lent oppor tu nity for furnish ing a risk warning, which complies with the Civil Liabil ity Act 2002 (NSW). Further more, permis sion notes provide an excel lent oppor tu nity for parents to provide in response useful infor ma tion regard ing any special require ments or limita tions their child might present with. Some schools have endeavoured to obtain paren tal indem ni ties for misad ven ture. These are fraught with diffi culty. Courts have tradi tion ally strained to place a narrow construc tion on such clauses, to read them down if not out, and so to be legally effec tive, they need to clearly indicate that the indem nity is to operate even in the face of overt negli gence by the school author ity or of its staff. Such clauses are gener ally unaccept able to parents. Many strike them out or refuse to sign the form. A school endeavouring to enforce such a signed indem nity will gener ally attract a degree of moral disap pro ba tion. The Depart ments of Educa tion disap prove of the use of these clauses by schools under its control. Many parent controlled (or influ - enced) independ ent schools also reject them. Practi cal enforce ment of such clauses will rarely be achieved. In short, practi cal diffi cul ties usually render any endeavour for a legally effec tive form of indem nity clause, not worth the effort of the attempt.■ Findlaw New food tamper ing laws news Restau rants, takeaway stores and other food and drink outlets face fines of up to $ 15,000 for not reporting suspected or confirmed food tamper ing, under new laws introduced into State Parliament. Health Minister Stephen Robertson said the Food Amend ment Bill 2006 would better protect the public from food poison ing by compel ling all food businesses to report instances of intention ally contam inated food immedi ately. The new laws follow the case of food contam ination in Sizzler restau rants earlier this year, which raised concerns about the public safeguards against food tamper ing. “Immedi ately after the incident became known, the Premier and I met with food industry leaders and govern ment author ities to discuss quick and appro- priate solutions. Mr Robert son said the amend ment would make it clear that report ing of food contam ination was Notes 1 The Ipp Report – The Review of the Law of Negli gence Report, Aug 2002, Ipp J 2 See Civil Liabil ity Act 2003 (Qld) s 9 (2) 3 See Civil Liabil ity Act 2003 (Qld), Chapter 2 Division 4 school excursions & law 4 See Civil Liabil ity Act 2003 (Qld) s 19 5 See Civil Liabil ity Act 2003 (Qld) s 18 6 There is no proactive duty to warn of obvious risk in Qld. See Civil Liabil ity Act 2003 (Qld) s 15 ★ Further reading and information: • Treasurey Depart ment Website • Visit http: // revofneg.treasury. gov. au/content/ • review2.asp – This site contains the Review of the Law of Negligence Report, Aug 2002 • Carter Capner Lawyers Website • Visit www.cartercapner.com.au/ school.html • This legal firm website contains an article called Public Liability – School Injuries ( Qld). man da tory only if there was reason able sus pi cion that it was done intention ally. “The Bill takes into account that incidental and accidental contam ination of food is commonplace and proce dures are already in place to deal with these occur rences, ” he said. “Mandatory reporting will apply if foul play is suspected.” To support businesses in meeting their report ing obliga tions, Queensland Health will provide infor - mation and guidance to help prevent and identify food tamper ing. “Queensland Health’s inves ti gation into the Sizzler incidents was hampered because our public health officers did not have any contami nated food to test,” he said. “To ensure there is no delay in carry ing out independ ent food analysis, businesses will be required to retain all suspected contam inated food.” Vol. 2 2006 The Verdict 27
contracts of sale A buyer’s night mare! 28 The Verdict Vol. 2 2006 Failing to seek legal advice before signing a contract could prove costly.
Page 1: The Verdict 2006 Volume 2 EXCLUSIVE
Page 4 and 5: What’s inside What’s in side
Page 6 and 7: inside the law by Stephen Irwin & S
Page 8 and 9: inside the law While Marie’s norm
Page 10 and 11: law & homelessness law & homelessne
Page 12 and 13: unjust or incor rect listing is by
Page 14 and 15: Legis la tion Child Employ ment Act
Page 16 and 17: people in the law Private eye with
Page 18 and 19: What is preven tive law? Stated sim
Page 20 and 21: The court held that Bugden had deli
Page 22 and 23: Notes 1 (1971) 26 ALR 584 2 Ollier
Page 24 and 25: Follow ing the HIH collapse and the
Page 26 and 27: Two cases which demon strate these
Page 30 and 31: A fter by Mitch ell Beck Mitchell i
Page 32 and 33: 32 The Verdict Vol 1. 2006 Vol. 2 2
Page 34 and 35: family law them from having direct
Page 36 and 37: family law and effec tive partic i
Page 38 and 39: community titles law community titl
Page 40 and 41: While the commit tee can under take
Page 42 and 43: CASE WATCH Case No.1 Being a ‘Sex
Page 44 and 45: succession law Obtain ing a copy of
Page 46 and 47: PAMD Act PAMD Act Prop erty Agents
Page 48 and 49: • Mag is trates Court’s civil j
Page 50 and 51: Communication Part 2 - The finer po
Page 52 and 53: Attach ments Sched ules and attach
Page 54 and 55: popular current petition is on the
Page 56 and 57: Glossary Adjudi ca tion The legal p
Page 58 and 59: Puzzle page Act Adjudication Bilate

By-laws - Queensland Law Society

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