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 ?

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 self- discipline 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 ?

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