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TPA amendments allow waivers

The introduction of amendments to the Trade Practices Act by Assistant Treasurer Helen Coonan will mean that individuals will be able to waive their right to sue when undertaking risky recreational activities.

Senator Coonan said last week that the Commonwealth had agreed to make these amendments to the Trade Practices Act at the last federal/state public liability meeting. “These measures will assist operators of businesses such as adventure tourism and sports who are currently prevented from relying on waivers.”

Senator Coonan made it clear that while the Commonwealth is doing its part, there is still room for all states to reform their own laws. She hopes this will reduce the cost of negligence claims and take some pressure off insurance premiums.

ICA Executive Director Alan Mason said the amendments are a key a part of the overall package needed to reform public liability. He said this is a complex area of the law and ICA will not comment further until it has been studied.