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Defined Terms YELP Holistic First Business Plan SWOT Analysis Executive Summary Deliverables And Costs Snapshot Page To Benchmark Techniques Community Driven Regulation To Minimise Trauma Accidents means RECs, and those FOFs who possess Liability Risk Management Acumen, would agree templates for the below Risk Management Protocols: (a) Risk Warnings which set out all Three Types Of Risks, for each of the RREAs, to minimise future trauma accidents amongst participants in RREAs.
(b)
(c) pertinent Training Procedures to Acquire Theoretical Knowledge for each RREA in order to minimise Serious Sporting Accidents. Civil Liability Acts explains that the escalating cost of public liability insurance premiums necessitated, in 2002, that legislators in each Australian state and territory - (A) promote the notion of participants in RAs taking greater personal responsibility for their actions; and (B) categorises Three Types Of Risks, with diminished need for Inviters to inform Invitees of Inherent Risks and Obvious Risks.
Not
everyone was enamoured with the significant 'rethink' of civil liability
in the 2002
Civil Liability
Acts
through an increased focus on end-users accepting personal responsibility. Allan Fels, then
chairman of the ACCC, stated
in early 2003:
The Business Plan Developer has been Ride Organiser for Muggaccinos.com for the last 16 years, and has been a Team Leader on Gear Up Girls rides responsible to position between 8 and 10 'Route Marshals' along between 4km and 6km of Gear Up Girls rides and corners and intersections to mitigate trauma accidents. Click on: Volunteering can give you a Warm Fuzzy. The Business Plan Developer acknowledges that the Civil Liability Acts enabled insurers to reduce public liability premiums, yet agrees with Alan Fels that too little responsibility for minimising trauma accidents remained with Inviters, to the detriment of Invitees and Health Care Costs which pay for such trauma accidents. Regulations, governance, laws, rules, restrictions, protocols are labels to describe controlling human or societal behaviour established by communities to maximise the utility of the community. William Golding's "Lord of the Flies", first published in 1954, showed what can happen without such rules. Fraud, deceit and negligence within the poorly regulated US financial markets which allowed the sub prime crisis to morph into the greatest recession since the Great Depression is patent testimony to the value/merit of regulation, albeit regulations to cover fraud and deceit were already in place, but ignored by regulators. The 'driver' to enact the Civil Liability Acts was to reduce public liability insurance premiums because from the late '90s onwards, community volunteer groups that had traditionally provided annual fun runs, ocean swims, triathlons, bush walks, horse gymkhanas, etc were "shutting up shop" to the detriment of citizens seeking to participate in rigorous sporting activities and derive the associated therapeutic and physical health benefits. That 'driver' for the 2002 Civil Liability Acts paid scant regard for any negative impact on Health Care Costs resulting from an increase in trauma accidents due to Invitees/participants being less informed or risks. The Civil Liability Acts which were enacted during 2002 in each Australian state and territory - (i) entailed amending associated tort laws which transferred some liability from Inviters to Invitees provided the Inviter Provides A Risk Warning (for its Recreational Activity) to its Invitees; and (ii) referred to Three Types Of Risks of Harm Sufferable and define two of these, namely Obvious Risks and Inherent Risks. Whilst referring to foreseeable risks, the Civil Liability Acts, at least in NSW, did not define a foreseeable risk. The Business Plan Developer has defined a foreseeable risk as Foreseeable, Non-Obvious, Explicit Risks. Alas, the Business Plan Developer considers that over 75% of Inviters do not provide a Risk Warning in accord with the Civil Liability Acts because these acts did not provide any templates or define a foreseeable risk which is the most crucial of the Three Types Of Risks. Each state in Australia has a central bicycle organisation eg Bicycle NSW, Bicycle Victoria, Bicycle Queensland, Bicycle SA, Bicycle WA and Bicycle Tasmania. None contains any information on their websites of the the need for Inviters to Recreational Activities to provide a Risk Warning to Invitees, perhaps because they view mentioning obligations incumbent upon organisers and the risks of cycling, as a discouragement to organisers and negatively impacting attracting additional new cyclists. In addition, insignificant effort was expended by the judicial process to inform Inviters of their legal obligation to Provide A Risk Warning to Invitees under these new tort laws. A fundamental risk which virtually no Inviter warns their Invitees about is the need for Invitees to hold third party insurance to cover them against Negligence whilst enjoying their RREA, because unlike when driving a motor vehicle, there is no self-regulated CTP Green Slip cover. In the case of Recreational Road Cycling, if a Invitee seriously injures another cyclist or other third party, and is sued by that injured third party, that Inviter could be counter-sued for large damages/costs by the Invitee if the Inviter didn't include in its Risk Warning to the Invitee of the need for the Invitee to hold third party insurance. The Inviter is not obliged to check that the Invitee holds third party insurance, but merely to provide a Risk Warning to the Invitee to hold third party cover which insures against any Negligence whilst participating in their RREA. The YELP Holistic First Business Plan is a Preventive Health programme. Minimising trauma accidents is a significant part of Preventive Health, particularly as government is encouraging us to leave the car in the garage and cycle to public transport or to work. Hence, RECs, and those FOFs who possess Liability Risk Management Acumen, would agree templates for Risk Management Protocols to appear on the YELP Website to Regulate Existing Sporting Activity Providers to thereby equip Invitees with maximum practical knowledge to remain safe whilst enjoying participating in RREAs. See Section 16(g) and definitions of Risk Management Protocols, Provide A Risk Warning, Risk Warning, Dangerous Recreational Activity, Recreational Activity and Two Purposes Of YELP SPV. |
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