Division 5 Recreational Activities of Civil Liability Amendment (Personal Responsibility) Act 2002 No 92 deems that members of the public should be informed of any obvious dangers

Clause 5M(1) of Division 5 Recreational Activities of the Civil Liability Amendment (Personal Responsibility) Act 2002 No 92 provides that "A person (the defendant) does not owe a duty of care to another person who engages in a recreational activity (the plaintiff) to take care in respect of a risk of the activity, if the risk was the subject of a risk warning to the plaintiff." 

The below two URLs inform that -

(a)      last fatal shark attack in Sydney Harbour was 42 years ago in Middle Harbour; and

 (b)      there have been 5 fatalities from shark attacks along the almost 2,000km of coastline, incl harbours and rivers in NSW in the last 50 years. 

"Likelihood of shark attack in Sydney Harbour during September 2000 Olympic Games" prepared by Australian Museum Business Services dated June 1999. 

Taronga and Western Plains Zoos "General information on shark attacks" includes "In the last 50 years, there have been 57 recorded fatalities in Australia due to shark attack = averages 1.14 per year. (QLD = 21, SA = 17, NSW = 5, TAS = 4, VIC = 2, WA = 8, NT = 0)."  NSW has almost 30% of the population of Australia.  However, it accounts for less than 10% of shark fatalities.

Getting back onto the support boat could be a dangerous manoeuvre.  Boat Captains will turn-off motors before swimmers re-enter their boats.  Three of our boats have stable ladders.  The 4th boat, which is a last resort, does not.  Naturally, other swimmers on each boat will assist swimmers safely climb back on board.

Each support boat will have a 20m approx. of rope with a pull buoy or lifesaving ring tied to one end.  It will be thrown to each swimmer at the completion of each interval to tow you twds your boat.

Neither Phil Johnston, nor his employer, nor any support boat Captain, nor any kayak paddler accepts any liability for any swimmer in this event.  Having made that patently clear, Phil is confident that all participants listed above will be highly safety focused from 7am at the Blues Point briefing until completion of the swim around 11:30am. 

Phil has twice watched a similar relay event:  11.5 miles Trans Tahoe swim from California to Nevada in Lake Tahoe. 

The annual 20km Cottesloe to Rottnest Island WA relay swim which commenced in 1956, where the majority of swimmers are in relay teams, attracts over 1,200 swimmers annually.   One of our team members, Lily Mathews from Freehills, swam last Sunday in the Rottnest swim.  It wasn't Lilly's first Rottnest swim.

Your organiser (Phil) -

  I.       has completed about 15 open water swims since mid-80s and never previously had a boat or paddler support him;

II.      accepts that there have always been sharks in the ocean, harbours and rivers; and

 III.     (his) investigations indicate that most sharks don't go near swimmers, particularly if there are boats with motors, and other swimmers splashing around, nearby.

Phil has also organised 100km+ road bike rides each Sunday at www.Muggaccinos.com for 9 years which hundreds of different road cyclists have participated.  Phil has never rec'd a complaint about his bicycle ride's preparation.

As this swim is viewed as the public participating in a dangerous recreational activity, in terms of Division 5 Recreational Activities, Phil reminds swimmers of the Risk Warning provided on the Mens Health website referred to in (V) below, because the Mens Health magazine is the organiser of this swim.

Information about open water swims around Sydney and risk warnings provided by the swim organisers

Ocean Swims lists circa +30 Ocean swims in "NSW Calendar 2005-06" this Summer, some of which have been successfully hosted by associated surf life saving clubs for several decades eg.  2km "Palm Beach to Whale Beach BIG SWIM", "The Cole Classic" which are used as charity fund raisers - supported by Macquarie Bank.  The BIG SWIM website lists a Risk Warning.

Mens Health Ocean Racing Series -

 (I)        is a promotion of Mens Health magazine which is a product of Pacific Magazines owned by the Seven Network;

 (II)       promotes some new swims including Race 10 from 7:45am on Saturday, 4th March 2006 - 11km from under Sydney Harbour Bridge via Bradley’s Head, Middle Head, Dobroyd Point to Oceanworld and Manly Wharf - conducted the first time last March;

 (III)     11km "Sydney Harbour Bridge to Manly Wharf" open water swim is featured on the Sydney Harbour Foreshore Authority website as a feature swim in an annual water festival in early March, organised by the NSW Waterways and Sydney Harbour Foreshore Authority, known as of 'Sydney Harbour Week' which has occurred for about 10 years; and

 (IV)     allows you to register via the Internet to swim in its open water swims; and

 (V)      Registration page "Conditions of Participation" provides the following patent Risk Warning that "The Event carries with it the potential for death, serious injury and property loss;"  Reference to "the Event" relates to every swim within the Mens Health swim programme.

Other swims in Sydney Harbour