NSW Public Liability Insurance


NSW Public Liability Insurance

The AJA has received advice that, following a NSW Court of Appeal Decision, jockeys who suffer injury during a race in NSW do not have a right to sue for damages even if the injury was caused by the negligence of another party. This does not apply to trackwork nor does it mean that workers compensation will not be paid.

The Court was considering the provisions of the Civil Liability Act 2002 and, in particular, the definitions of “recreational activity” and “inherent risk”. The Court found that horse racing fell into the category of a sport and that the legislation did not differentiate between sport played for recreational purposes and professional sport.

The AJA and the NSW Jockeys Association are taking steps to have the legislation amended and, together with Racing NSW, will be seeking to have a meeting with the NSW Minister for Racing this week.

If you or your legal representative would like further information regarding this issue please contact the Association on 02 9894 9629.

You have been sent this message for your information if you ride, or intend to ride, in NSW.