Risk Warning means for the Civil Liability Act a warning of the Three Types of Risks, and associated Risks Of Harm, that an Inviter gives to an Invitee(s) when inviting such Invitee(s) to participate in a Recreational Activity which -

(i)          is given in a manner that is reasonably likely to result in the  Invitee(s) being warned of the risks of the particular Recreational Activity before engaging in the Recreational Activity - the Inviter is not required to establish that the Invitee(s) received or understood the Risk Warning;

(ii)         may be given orally or in writing; and

(iii)        need not be specific to the particular risk and can be a general warning of risks that include the particular risks concerned.

In the case of NSW -

A.         the Civil Liability Amendment (Personal Responsibility) Bill - Nov 2002 -

(I.)        focused on the concept of personal responsibility and render it far more difficult for an injured Invitee (plaintiff) to succeed - prime purpose was to reduce the types of personal injury actions in which damages may be recovered;

(II.)      sought to limit liability arising from a Recreational Activity where there is either a Risk Warning, which may include a Disclaimer Of Liability, and furthermore the Risk Warning is deemed to be sufficient even if it is only a general Risk Warning; and

(III.)     provide that an injured Invitee plaintiff is presumed to have been aware of a risk of Harm Sufferable if it was an Obvious Risk unless the injured plaintiff proves, on the balance of probabilities, that s/he was not aware of the risk.

B.         Clause 5M(1) of Division 5 Recreational Activities "No duty of care for recreational activity where risk warning" of the Civil Liability Amendment (Personal Responsibility) Bill - Nov 2002 notes that a defendant (ie. an Inviter) owes no Duty Of Care to an injured plaintiff (ie. an Invitee) who engages in a Recreational Activity if the risk of that activity was the subject of a Risk Warning to the injured Invitee unless the Harm Suffered resulted from contravention of a law dealing with personal safety practices. 

An Inviter defendant also is not liable in negligence for Harm Sufferable as a result of the materialisation of an Inherent Risk.