Safety
Glen Stanaway
Safety
What is YA’s role?
1. Uniform minimum
practices and standards
2. Provide advice and
support
Safety
YA and State focus on safety
Resources being developed
Messages being sent
Safety
We know one Club read it!
Safety
The reply had a lot of merit
It pushed back
It raised issues
Asked they be raised here
Safety
?
Safety
Is safety of the sailor the sailor’s
responsibility alone?
Safety
Are YA and States falling into the WH&S rut?
Are we instilling unjustified concern into
clubs?
Does a club have a responsibility for a
sailor’s health and safety?
Safety
No. WH&S is covered by different legislation.
Maybe.
Yes. A club does have some responsibility for
a sailor’s health and safety.
Safety
What responsibility does a club have?
Safety
A club must take reasonable care or
exercise reasonable skill to
minimise a risk.
These are the precautions a
reasonable person would take in
the circumstances.
Safety
What could your club reasonably be
expected to do?
In advance during the pre-season?
What about on the day?
Safety
Should clubs default to the
minimum level of service demanded
by their sailors?
Safety
Some sailors wouldn’t demand a
safety service until…
A club should take practical and
affordable steps toward safety
Safety
Would most sports at community
level have very limited training of
officials and minimal safety
measures?
Safety
Most do have guidelines
Most do have training
Many have regulation
It depends on the circumstances
Safety
Yes, there are other more
hazardous sports with inherent and
obvious risks.
Yes, people push themselves and
their equipment resulting in
accidents.
Safety
Should we stop calling race
committee boats safety boats?
Safety
No right or wrong answer
Safety
Does a boat crew have any
responsibility to a sailor in distress,
beyond what they are comfortable
with and safe offering?
Safety
A race committee boat should:
1. Be equipped and staffed as best
as possible
2. Do everything that they
reasonably can
Safety
Is sailing a sport based on selfdiscipline and self-reliance?
Safety
The reality has changed
Rules, regulations and legislation all
hedge around freedom of choice
It depends on the circumstances
Safety
Does the Club, State or YA transfer
the risk of participating to the sailor?
Safety
Not entirely…
The club has a duty of care to take
reasonable care or to exercise
reasonable skill
Wrongs Act does make provisions
for inherently dangerous
or obvious risks
Safety
Is the principle of self reliance
clearly demonstrated by clubs not
inspecting boats for sea worthiness
nor asking for competence?
Safety
Checking yachts dinghies – both
fairly common
Seaworthiness is checked x 2; build
standards and stability documents
Competence is asked for
Safety
Does agreeing to RRS 3 and 4
eliminate recourse to the courts?
Safety
To a degree but does not provide
absolution
Legislation still applies, and it
depends on any signed waiver
Safety
Does a signed waiver of liability
help?
Safety
Yes
There are inherent risks
Important to get the person’s
acknowledgement
Safety
?
Safety
Is safety of the sailor the sailor’s
responsibility alone?
Safety
No, not alone
It is not solely the clubs either
There is a shared or conjunctive
responsibility
Safety
What should YV and YA’s
message be?
Safety
1. Uniform minimum
practices and standards
2. Provide advice and
support
Safety
Glen Stanaway