Public Liability Insurance Issues
The AJA has received further advice following the NSW Court of Appeal Decision that 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 jockey or party.
A review of other states and NT legislation has raised potential concerns in WA, Queensland and Tasmania. Jockeys riding in races in those states may be in the same situation as riders competing in NSW.
RWWA, Racing Queensland and TASRacing are urgently obtaining their own legal opinions regarding their state’s legislation, but at this time jockeys competing in races in WA, Queensland and Tasmania need to understand that riding in races in those states could leave them exposed with regards to Public Liability insurance. Jockeys need to carefully weigh up the potential risks and make a considered decision whether to ride or not while this issue is addressed.
The AJA and the state associations will keep you informed of any developments regarding this concerning issue.
(The background is that the NSW Court of Appeal was considering the provisions of the NSW 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).
If you or your legal representative would like further information regarding this issue, please contact the Association on 02 9894 9629.