A landmark publication outlining the latest legal developments on coastal safety has been released by Surf Life Saving Australia, Queensland Law Society and Queensland University of Technology.

This book presents an expert assessment of current legal issues related to beach safety in Australia. Prominent judges and leading legal practitioners examined case law, statutory regulations and legal trends affecting:

Local government

Tourism operators and accommodation providers

Emergency services, and

The general public by way of duties of care owed to them by those in charge of beaches, and also their personal responsibility to safely enjoy the beach.

Some of the major conclusions from the summit were:

The responsibilities of local government, surf lifesaving volunteers, tourism operators or police and emergency services personnel is to take reasonable care to protect beach users from risks. In discharging this reasonable care constant attention must be given to regular review of obligations and systems in place for beach safety.

The law has long recognised the hazards and potential dangers involved with surfing and beach use. A ‘Good Samaritan’ response to help someone else at the beach, however, is now largely protected by legislation and this extends to volunteers such as surf lifesavers who are serving the community and acting in good faith.

Under Australian civil liability legislation beach users must largely take personal responsibility for ‘obvious’ risks. However, a person’s age and general knowledge are relevant in deciding if they should have recognised an obvious risk.

A consistently repeated observation by the experts was that tourists are an ‘at risk’ group requiring special attention. Risks may not be obvious to them due to a lack of local knowledge about beach conditions, poor swimming ability and language barriers.

Recognising the vulnerability of tourists, the experts recommended that tourism operators take steps to train their staff in beach safety and to educate their clients about swimming between the red and yellow flags on patrolled beaches.

Beach safety across the nation would be greatly enhanced by standardised guidelines and signage, consistent safety messages and by improved coordination between volunteer surf lifesavers, salaried lifeguards and government emergency services.

Civil liability legislation in all Australian jurisdictions is relatively new. Provisions relating to ‘obvious risks’ and ‘dangerous recreational activities’ were examined for the first time in relation to surfing and beach recreation.

More information: Beach Safety and the Law: Australian evidence is available for purchase $59.95 from Creata by clicking here.