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Safety in Recreational Water Activities Act 2011 – 1 January 2012

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Safety in Recreational Water Activities Act 2011 – 1 January 2012

Safety in Recreational Water Activities (Codes of Practice) Notice 2011 – 28 June 2013

Safety in Recreational Water Activities Regulation 2011 – 9 December 2016

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A person conducting a business or undertaking that provides recreational water activities must ensure, so far as is reasonably practicable, that the health and safety of persons for whom the activities are provided are not put at risk by the provision of the recreational water activity – see section 16 of the Act. Further to this duty, a person conducting a business or undertaking that provides recreational water activities must ensure, so far as is reasonably practicable: the provision and maintenance of safe plant and structures; and the safe use, handling and storage of plant, structures and substances; and the provision of any information, training, instruction or supervision that is necessary to protect persons for whom the activities are provided from risks to their health and safety arising from the provision of the activities; and that persons and conditions at a place where recreational water activities are provided are monitored for the purpose of preventing illness or injury of persons for whom the activities are provided. For the duties of workers providing recreational water activities, refer to section 18 of the Act. Note: There are also duties that apply to those participating in the ‘activities’ pursuant to section 19 of the Act. For the definition of ‘recreational water activity’, refer to section 7 of the Act. For the definition of ‘health’, refer to the dictionary found in Schedule 2 of the Act. To perform the duty imposed by section 16 of the Act, the duty holder is guided by the Safety in Recreational Water Activities Regulation 2011 – this regulation contains Parts relating to diving and snorkelling.

  • Sections 4, 5, 6, 7, 8, 10, 11, 14, 15, 16, 17, 18, 19, 42, Schedule 2; Regulation 4 of the Safety in Recreational Water Activities Regulation 2011

A person who conducts a business or undertaking that provides recreational water activities must ensure that the regulator is notified immediately after becoming aware that a notifiable incident arising out of the conduct of the business or undertaking has occurred.

  • Sections 26, 27, 28, 29, 30, 32

The government may approve a code of practice for the purposes of this Act. Pursuant to section 44 of the Act, an approved code of practice is admissible in the proceeding as evidence of whether or not a duty or obligation under this Act has been complied with. For current Codes of Practice, refer to Schedule 1 of the Safety in Recreational Water Activities (Codes of Practice) Notice 2011.

  • Sections 43, 44; Regulations 4, 5, 6, Schedule 1 of the Safety in Recreational Water Activities (Codes of Practice) Notice 2011
Reason for law

To ensure the health and safety of persons to whom recreational water activities are provided by a person conducting a business or undertaking by: (a) protecting the persons against harm to their health, safety and welfare through the elimination or minimisation of risks arising from the provision to them of recreational water activities; and (b) promoting the provision of advice, information, education and training for health and safety in relation to the provision of the recreational water activities; and (c) securing compliance with this Act through effective and appropriate compliance and enforcement measures; and (d) ensuring appropriate scrutiny and review of actions taken by persons exercising powers and performing functions under this Act; and (e) providing a framework for continuous improvement and progressively higher standards of health and safety in relation to the provision of the recreational water activities. (Section 3)

Relevant links

Diving and snorkellilng laws [WorkCover Qld]

Critique

N/A

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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