Is the purple band a solution to the public liability crisis?
A Northern Territory agricultural show will go ahead despite unaffordable public liability premiums – thanks to a quirky solution that might just work. The Katherine Show Society has decided to offer wristbands to patrons and exhibitors who agree not to sue if they are injured while visiting the show.
Show-goers must also sign a negligence waiver in exchange for the wristbands.
Phillips Fox Senior Associate James Sheller told Sunrise Exchange News that despite the fact that the wristband waivers are quirky, they actually “have the potential to hold a significant degree of legal standing”.
He says that new amendments to the NT’s Consumer Affairs and Fair Trading Act have enabled societies to adopt such guidelines to deal with public liability.
“The show society would have to demonstrate that patrons had adequate time to read and understand the form before they signed it,” Mr Sheller said. “But it would only protect against certain risks. If a person was attacked by a pack of show dogs or something like that, then the show may be held accountable.”
Katherine Show Society Executive Officer Jan Scharf says that over the past two years the show’s public liability premiums have risen more than 50%, and are now worth more than the group’s total assets. The society hasn’t had a claim in 28 years.
Ms Scharf says show patrons have been relatively receptive to signing the waiver forms, but wearing the wristbands has been a bit more controversial. “It’s the women who’ve been painful,” she said. “There’s a grand ball on the final night of the show and they’re all worried about the wristbands clashing with their outfits.”
Rod Frail, the Insurance Council of Australia's Executive Manager Corporate Affairs, said show societies should ensure they provide their broker or insurer with relevant information and “make sure they can demonstrate that they have in place effective risk management” in order to receive more affordable insurance premiums.