House of Assembly - Fifty-First Parliament, Third Session (51-3)
2008-10-30 Daily Xml

Contents

CIVIL LIABILITY (RECREATIONAL SERVICES) AMENDMENT BILL

Introduction and First Reading

The Hon. I.F. EVANS (Davenport) (11:23): Obtained leave and introduced a bill for an act to amend the Civil Liability Act 1936; and to repeal the Recreational Services (Limitation of Liability) Act 2002. Read a first time.

Second Reading

The Hon. I.F. EVANS (Davenport) (11:24): I move:

That this bill be now read a second time.

This bill is the same bill I introduced during the last session of parliament, and it is a matter on which the government could not reach a position. This matter deals with the Recreational Services Act, introduced by this government, which has been a total failure. The Recreational Services Act requires recreational groups to introduce a code of practice to be approved by parliament, and then they receive certain benefits. The reality is that after six years of operation there is only one recreational code registered in South Australia, that being the miniature ponies, which is of great benefit to the Attorney.

This bill seeks to abolish that particular act and introduce a system of waivers, which is adopted in the New South Wales system. It is high time the government supported this bill and put it through, because recreational groups in South Australia are certainly disadvantaged as a result of the government's legislation. The simple reality is that we do not have things like bungee jumping and those sorts of higher risk activities in South Australia because legislation and insurance combine to prevent it.

I recently went to New Zealand and witnessed a number of higher risk recreation activities over there which are an absolute boon to their tourism industry. It is ridiculous that South Australia has put itself in this position. On the more local front, things like pony clubs are now virtually extinct in South Australia, the number having dropped from something like 38 down to about 10, because insurance and legislation combine to make it prohibitive for businesses to run.

There was an example at Balaklava where a motorbike trail park was closed because of insurance concerns due to this type of legislation. The parliament is well aware of it; the bill in question had been sitting on the Notice Paper for months in the previous session. I have reintroduced it here and I see no reason why the government should not support the bill, put it to a vote and get it through the parliament before Christmas. I seek the house's support for the bill.

Debate adjourned on motion of Mrs Geraghty.