(1) A person (
"the defendant" ) does not owe a duty of care to another person who engages in
a recreational activity (
"the plaintiff" ) to take care in respect of a risk of the activity if the
risk was the subject of a risk warning to the plaintiff.
(3) For the purposes of subsections
(1) and (2), a risk warning to a person in relation to a recreational activity
is a warning that is given in a manner that is reasonably likely to result in
people being warned of the risk before engaging in the recreational activity.
The defendant is not required to establish that the person received or
understood the warning or was capable of receiving or understanding the
warning.
(4) A risk warning can be given orally or in writing (including by
means of a sign or otherwise).
(5) A risk warning need not be specific to the
particular risk and can be a general warning of risks that include the
particular risk concerned (so long as the risk warning warns of the general
nature of the particular risk).
(6) A defendant is not entitled to rely on a
risk warning unless it is given by or on behalf of the defendant or by or on
behalf of the occupier of the place where the recreational activity is engaged
in.
(7) A defendant is not entitled to rely on a risk warning if it is
established (on the balance of probabilities) that the harm concerned resulted
from a contravention of a provision of a written law of the State or
Commonwealth that establishes specific practices or procedures for the
protection of personal safety.
(8) A defendant is not entitled to rely on a
risk warning to a person to the extent that the warning was contradicted by
any representation as to risk made by or on behalf of the defendant to the
person.
(10) The fact that a risk is the subject of a risk warning
does not of itself mean--
(a) that the risk is not an obvious or inherent risk
of an activity, or
(b) that a person who gives the risk warning owes a duty
of care to a person who engages in an activity to take precautions to avoid
the risk of harm from the activity.
(11) This section does not limit or
otherwise affect the effect of a risk warning in respect of a risk of an
activity that is not a recreational activity.
(12) In this section--
"incapable person" means a person who, because of the person's young age or a
physical or mental disability, lacks the capacity to understand the risk
warning.